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Beverage Manufacturers Intellectual Property Protection Trademark Infringement

Miller Nash LLP

From Cocktails to Mocktails: Protecting Your Brand in America's $9 Billion N/A Market

Miller Nash LLP on

The American drinking landscape is undergoing a dramatic transformation. While alcohol used to be a staple for late nights, social gatherings, and weekend relaxation, today's consumers are increasingly mindful about their...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Akerman LLP - Marks, Works & Secrets

Certiorari Granted to Jack Daniel’s with Respect to Parody Dog Toy: Does Anyone Here Have a Sense of Humor, and Does it Matter?

On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of...more

Knobbe Martens

Proving Reputational Injury Without Use of the Marks in the United States

Knobbe Martens on

MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY - Before Dyk, Reyna, and Stoll.  Appeal from the Trademark Trial and Appeal Board. Summary: To maintain a statutory cause of action under the Lanham Act for activities...more

Proskauer - Minding Your Business

Trademark Disputes Continue to Brew

Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S.  Fast forward to 2017, when MillerCoors rebranded...more

McCarter & English, LLP

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

Hogan Lovells

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

Hogan Lovells on

Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. ...more

Weintraub Tobin

TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of...

Weintraub Tobin on

On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Lifts Import Alert on GE Salmon - The U.S. Food and Drug Administration (FDA) has deactivated an import alert that prevented the introduction of genetically engineered (GE)...more

Harris Beach Murtha PLLC

Can I Use Song Lyrics in a Beer Name?

Beer and music go together – always have and always will. Lots of brewers draw inspiration from song and many have used lyrics or even titles to name beers or even their breweries. For example, the superlative Singlecut...more

Bradley Arant Boult Cummings LLP

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

Hogan Lovells on

The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Modernization for Dairy Product Identities - Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has...more

Hogan Lovells

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

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Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

Hogan Lovells on

China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #4

Advocacy Groups Urge Senate to Support NOSB - A group of advocacy organizations has sent a letter asking the leaders of the Senate Committee on Agriculture, Nutrition & Forestry to “fully support organic agriculture in the...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in US Courts: Spring 2018

Global Injunction Against Trademark Infringement Upheld Because Both Parties Were US Companies, Confusion in EU Would Be Felt in the US, and Defendant’s EU Trademark Had Not Yet Issued....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Smith Debnam Narron Drake Saintsing & Myers,...

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

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